Speeding Tickets

Speeding laws in America vary from state to state. Generally, all states have
two types of speeding laws; civil and criminal. Civil laws regarding speeding
are based on a motorist going over a over the posted speed limit, generally
referred to as the “maximum speed limit” by less than 20 miles per hour.
Criminal speeding laws tend to occur when a motorist goes over an excess amount
over the maximum speed limit, which is over 20 miles per hour in many states.
Also, the punishment, violations, and fines are different between a civil and
criminal violation. A criminal violation can lead to imprisonment and revocation
of the motorist licenses for a stated amount of time.

All states, however, have both a “maximum speed limit” and a “minimum speed
limit.” The maximum (or absolute) speed limit is generally the speed limit that
is posted on the signs on the road. The signs are seen on both streets and on
interstate highways. The minimum speed limit is generally the rate of speed a
motorist must travel at when driving on the highway. Going over the speed limit
is a strict liability crime, meaning that regardless of the intention a driver
may have, whether he indented to speed or not, he is strictly liable for going
over the posted speed limit; even if it just a few miles above the speed limit.
Going over the absolute speed limit is generally punishable by a fine and if
found guilty, can add a certain amount of points to your driver’s license.

In order to fight a speeding ticket, a driver must first determine whether the
ticket was for going over the absolute speed limit or the presumed speed limit.
In order to fight a speeding ticket or a traffic violation for going above the
absolute speed limit, there are certain defenses a driver can argue. An absolute
speed limit violation is quite simple to understand; if the posted limit on a
sign is 65 mph, like in Arizona, then that is the absolute limit. If you are
going 70 mph, you are violating the absolute speed limit. Although the defenses
for a speeding ticket violation are limited, some of them include the following:

1. The drive can state that
he was speeding because of an emergency. This emergency must have made the
driver speed in order to avoid serious injury to yourself or others

2. The driver can also challenge the determination of your speed. A
traffic ticket will often have your tracked speed written down on it and the
absolute speed limited that was posted mentioned as well, and you have the right
to challenge this statement. Most officer use certain devices such as a radar
guns or lasers, besides basic sight to determine the speed the driver was going.
In to make a valid defense you must determine which method the officer used
first and then either attack the method used or the officer's implementation of
that method. Additionally, one thing to note is that if you've received a traffic ticket that is a major offense such as DUI or reckless driving, it's important to hire a criminal lawyer to help you resolve the case. You can see our directory for a list of traffic ticket lawyers listed by states. Because traffic tickets involve the criminal portion of the legal system, that's why it's important that you get a competent lawyer to help with your case.

3. The driver can also challenge the officer's identification of the
vehicle and claim that the officer was mistaken with a similar car that was
driving next to you at the time of the ticket.

There are also ways to fight a speeding ticket under a presumed speed limit. If
you have been given a ticket under a presumed speed limit, meaning the officer
gave you a summons for driving at an unsafe speed for the conditions and
circumstances present at the time. There are two general defenses to such a
ticket:

- First, you can
challenge the officer's determination of speeding, just as if you were
challenging an absolute speed limit violation
- Secondly, even if you were driving above the posted speed limit,
your driving was safe for the conditions at the time of the ticket.

Choose a state you are interested in to view their speeding
ticket laws:

Nothing tells you "welcome to the Labor Day Holiday" like undeserved speeding tickets--especially if you are traveling to a different state and get ticketed out of your element.But how can you discern which of the states
...

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